Know your rights

[Pot-Head]

When it comes to be searched, it's seems like ever day a pot head keeps getting busted for not knowing his rights so here's a list.

1. If an individual voluntarily consents to a search, no warrant is needed. In order for a consent search to be legal, the individual must be in control of the area to be searched and cannot have been pressured or tricked into agreeing to the search. (This meens if you don't want piggy to go into a certain room, piggy isn't allowed.)

2. A police officer who spots something in plain view does not need a search warrent to seize the object. In a plain view search to be legal, the officer must be in a place he has the right to be in and the object he seizes must be plainly visible in this location. (Make your grow bo look like something else and clean up your mess after watering and the like.)

3. If a subject has been illegally arrested, the police may search the defendant and the area within the defendant's immediate control. In search incident to arrest no warrant is necessary as long as a spatial relationshipexists between the defendant and the object. (So no mr. police man you cannot check that shed out back.)

4.Following an arrest the police may make a protective sweep search if they reasonably believe that a dangerous accomplice may be hiding in the area near where the defendant was arrested. To do so police are allowed to walk through a residence and complete a cursory visual inspection without a warrant. If evidence of or related to criminal activity is in plain view during the search, the evidence may be legally seized. (Keep your stuff out of sight people.)

5. If the police stop a car based on probable cause, they can search for objects related to the reason for the stop ithout obtaining a warrent. During a car search, the police are also allowed to frisk the subject for weapons, even without a warrant if they have reasonable suspicion that the subject may be involved in illegal activities. (If you don't do anything wrong, you airn't in trouble just deny a search, also, if you have bud in the car...don't speed.)

I hope this helps someone, it took a while to type lol. Anyways people, stay smart and stay safe, don't let Johnny Law push you around, learn your rights but more specificly become familiar with the key terms that are highlighted so that you know when your rights have been violated.

[Soniq420]

Nice post

I might disagree with #2 though.

If LEO comes to your door and you open it and he sees a bong, he cannot come in and seize it without your permission.

It's probable cause basis for him to go get a warrant and come back

My understanding anyway, can't claim it as fact

[BWC BayArea]

Looks like good info, but the laws vary state to state. Different loopholes and politics in most states I'm aware of. So is this info based upon Florida law enforcement? The search w/out a warrant part I think maybe across the board (in the US) because of the U.S. Constitution.

[Pot-Head]

Originally Posted by Soniq420

Nice post

I might disagree with #2 though.

If LEO comes to your door and you open it and he sees a bong, he cannot come in and seize it without your permission.

It's probable cause basis for him to go get a warrant and come back

My understanding anyway, can't claim it as fact

That's totaly true dude, I'm refering to once they have gained access to the establishment.

[Pot-Head]

Originally Posted by BWC BayArea

Looks like good info, but the laws vary state to state. Different loopholes and politics in most states I'm aware of. So is this info based upon Florida law enforcement? The search w/out a warrant part I think maybe across the board (in the US) because of the U.S. Constitution.

absolutely, this info was given to me by my government professor so i'm pretty sure its accurate to atleast Florida law

[BWC BayArea]

Thank u for the clarification

[Soniq420]

Originally Posted by Pot-Head

absolutely, this info was given to me by my government professor so i'm pretty sure its accurate to atleast Florida law

Makes sense to me; thanks man


I was listening to normlcon the other day and there was a great anecdote by a lawyer that reminded me of our conversation.

A guy was asking the lawyer about their advice if LEO came to their door; and they were card holding medical patients in full compliance. The guy was saying he wanted to have a good relationship with them and he thought he was building that bridge by letting them come in and verify that everything was in order.

The lawyers were great in their answers

1) Multi jurisdictional LEOs have different rules. Where as evidence he's growing for a collective may be exculpatory under CA state law, it's incriminating under federal law.

2) They've got no business coming in your house. Just say no! It's legal having sex with your wife, but LEO's got no right to come in and check things out in that scenario either

[BWC BayArea]

Originally Posted by Soniq420

2) They've got no business coming in your house. Just say no! It's legal having sex with your wife, but LEO's got no right to come in and check things out in that scenario either

Good point